After Hurricane Irene, individuals and businesses will face property losses and interruption of business and will look to insurers for coverage of these multi-faceted losses. To remain up-to-date on the coverage issues raised by Hurricane Irene and similar natural events, we invite our Community to access the following resources (some that are specific to states directly impacted by the Hurricane, such as New Jersey and New York):
MATTHEW BENDER PUBLICATIONS
Resolving Issues Related to Homeowner's Policies
LexisNexis Practice Guide New Jersey Insurance Litigation, Chapter 3: Personal Lines.
Click for a Free Download of Section 3.10: Identifying Whether Loss is Included or Excluded by Policy Definitions.
New Appleman New York Insurance Law, Second Edition, Chapter 13: Property Insurance.
Click for a Free Download of Section 13.06: Homeowner's Insurance.
New Appleman Insurance Law Practice Guide, Chapter 33: Understanding Homeowner's Insurance.
Click for a Free Download of Section 33.08: Understand Perils Insured Against.
Resolving Issues Related to Business Interruption Coverage
New Appleman on Insurance Law Library Edition, Chapter 46: Time Element (Business Interruption) Insurance.
Click for a Free Download of Section 46.05: Coverage Enhancements and Extensions.
Resolving Issues Related to Hurricane Insurance Coverage
Appleman on Insurance 2d, Chapter 192: Insurance Coverage Issues Involving Hurricanes.
EMERGING ISSUES ANALYSIS
What Insurance Coverage to Look for in the Wake of Natural Disasters--McCarter & English on Earthquakes, Floods, and Disasters Near and Far: Policyholders Should Look for Cover in the Coverage.
by Sherilyn Pastor, Ira Gottlieb and Nicholas M. Insua
2011 Emerging Issues 5558
This commentary addresses several types of insurance coverage, what they insure, and what to look for and consider when bringing a claim that may arise in the wake of a natural disaster. In particular, the commentary discusses several types of coverage typically found in a first-party property insurance policy, including property damage, business interruption, extra expense, extended business interruption, and contingent business interruption.
NEW APPLEMAN ON INSURANCE: CURRENT CRITICAL ISSUES IN INSURANCE LAW
Chapter 14: Interpretation and Enforcement of Anti-Concurrent Policy Language in Hurricane Katrina Cases and Beyond,
by David P. Rossmiller.
Click for a Free Download of the entire Chapter 29: A Practical Guide to Evaluating Contingent Business Interruption Losses,
by Lawrence T. Bowman and Kendall K. Hayden
Chapter 37: A "Suspension," "Interruption," or "Total Cessation" of Operations--Not So Fast,
by Richard P. Lewis and Michael N. DiCanio
This article discusses three categories of cases which have interpreted "suspension," or "interruption" language in light of insurance company arguments that a total cessation of operations is required. Specifically, we examine: (1) the "total cessation" requirement line of cases; (2) cases rejecting the "total cessation" requirement; and (3) cases finding no "cessation" of operations is required to recover lost Business Income under provisions tying coverage to an "interruption."
Chapter 52: Effect of Post-Loss Economic Factors in Measuring Business Interruption Losses: An Insured's and Insurer's Perspectives,
by Gregory D. Miller and Joseph D. Jean
This article discusses the developing body of case law analyzing how to measure business interruption losses where the insured's loss is affected by post-loss economic factors. In addition to discussing the two competing approaches, the article also analyzes several hypothetical scenarios from both an insured and an insurer perspective, which further serve to facilitate the discussion and highlight the significance of post-loss economic factors in measuring business interruption.
Listen to Selena Linde's informative podcast now - LexisNexis Insurance Law Podcast: Selena J. Linde on Hurricane Irene Insurance Coverage Issues.
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